§520 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Any order under section 516 can be reviewed by the federal court of appeals that covers where the bridge is located, as long as someone files a petition within three months after the order is issued. That appeals court's decision is final unless the Supreme Court agrees to review it by certification or certiorari under section 1254 of title 28. The review only looks at legal questions; the Secretary’s factual findings stand if they are supported by substantial evidence. The appeals court can uphold, change, or reverse the order and may send the case back for a new hearing. Asking for this review does not pause other Secretary orders under the same subchapter (except section 516) and does not remove any liability or penalty a bridge owner may owe.

Title 33, §520

Navigation and Navigable Waters — Source: USLM XML via OLRC

Any order made or issued under section 516 of this title may be reviewed by the court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order is issued. The judgment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certification or certiorari, in the manner provided in section 1254 of title 28. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this subchapter other than section 516 of this title, or relieve any bridge owner of any liability or penalty under such provisions.

Notes & Related Subsidiaries

Editorial Notes

Codification “Section 1254 of title 28” substituted in text for “section 239 and 240 of the Judicial Code, as amended” on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, section 239 and 240 of the Judicial Code were classified to section 346 and 347 of Title 28.

Statutory Notes and Related Subsidiaries

Change of Name

Act

June 25, 1948, as amended by act

May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

§520 Review of findings and orders